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HomeMy WebLinkAboutMinutes - 1975/01/13J MSP (Hodges- Baumgartner) Masonry Contractor Robert W. Anderson 3219 Lyndale N. Mpls. General Contractor Industrial Sprinkler 750 1st St. W., N.B. PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA A regular meeting of the Mounds View City Council was called to order by Acting Mayor Hodges at 8:02 p.m. on January 13, 1975 at the Mounds View City Hall, 2401 Highway #10, Mounds View, Minnesota 55112 Present: Acting Mayor Hodges Councilman Baumgartner Councilman Johnson Councilman Pickar Also Present: Clerk- Administrator Achen Attorney Meyers Engineer Bearden MSP (Baumgartner Pickar) To approve the minutes of December 23, 1974 with the correction of page 5 to read $15,000 rather than $1,500. MSP (Hodges- Johnson) To approve the minutes of January 2, 1975. Acting Mayor Hodges announced the council must appoint a new mayor and that the council had interviewed the three applicants. MSP (Baumgartner Pickar) To appoint Gerald Johnson mayor to fill the remainder of Mayor Neisen's teem. to approve the following licenses: Wrecking Contractor Julian M. Johnson as 1229 Osborne Rd. N. F. Mpls. General Contractor U. Erickson dome isidrs. 2660 Co. Rd. Ii2, N.B. ROLL CALL Attorney Meyers swore in Gerald Johnsor. as Mayor of Mounds View, and Acting Mayor Hodges turned the meeting over to Mayor Johnson. Mayor Johnson thanked the council for their confidence in him and promised to do his best to serve Mounds View well. Pickar Baumgartner Johnson Hodges Mayor Johnson asked the Administrator to begin his report before the public hearing Administrator Achen's Report MSP (Pickar- Hodges) To approve the bills: General acct. checks s9S /.5 9513; Payroll acct. checks #1139 -1142; Payroll checks #1588 1629. Transfer check #9614 transferring $11,795.86 to Payroll account from General, $1,116.09 from Water, $1,565.87 from Sewer to pay gross pay of January 15, 1975. Transfer check #9615 transferring $279,935.42 from Building Fund to Sewer Utility to purchase investments. ($200,000 FICB, $80,000 TB). The following transfer checks repay loans made from one fund to another prior to the November sale of improvement bonds. Transfer check #9616 transferring $31,654.16 from Project 1973 -6 to Imppovement Bond Fund. Transfer check #9617 transferring #31,654.16 from Project 1973 -5 to Improvement Bond Fund. Transfer check #9618 transferring $52,755.28 from Project 1973 -4 to Improvement Bond Fund. Transfer check #9619 transferring $24,383.76 from Project 1973 -4 to Revolving Fund. 4 Ayes 4 Ayes Aye Aye abst. Aye 4 Ayes Cigarette License Renewals B ti R Liquor (Robt. Waste) 2345 Co. Rd. 'a2 Mounds View General Contractor Sinuiions Const. CO. 1005 Dayton Ave., St. Paul Cigarette License Renewals Fedor's Market (Gordon Fedor) 5491 Adams Street Mounds View Page 2 Off -Sale N.I. Renewal Fedor's Market (Gordon Fedor) 5491 Adams Street Mounds View and to deny the general contractor license application of Simmons Construction Company and to deduct administrative charges incurred from the fee paid. 4 Ayes MSP (Hodges Pickar) To reaffirm council action of October 15, 1974, trans- ferring $24,000 from Revolving Fund to Project 1973 -4 as a loan at eight percent per annum interest. Administrator Achen presented the staff recommendation to appoint Charles Coldren, maintenance man. Councilman Hodges asked about the applicants background in equipment operation and Councilman Baumgartner asked what the proposed starting date and pay rate were. Administrator stated that he would have the specific pay rate for council approval at its next meeting and that the starting date would be January 14,1975. MSP (Baumgartner- Hodges) To appoint Charles Coldren, maintenance man, effec- tive January 14, 1975, at a salary commensurate with the normal hiring practice and directing the administrator to present this salary rate to council at its next regular meeting for formal approval. 4 Ayes MSP (Hodges Baumgartner) To recess the regular meeting. 4 Ayes Mayor Johnson called the public hearing on the special use permit application of Compassion, Inc. to order at 8:30 p.m. The Administrator attested that proper legal notices had been sent to surrounding property owners and the official publication. Rev. Bauman of Compassion introduced James Dair to present the special use permit request to the council. Mr. Dair stated Compassion inquired regarding requirements for conducting business in the city and state at the time it moved to the city. They were not informed of special use requirements and now are making application to comply with the requirement. Mr. Dair discussed the land use characteristics of the neighborhood surrounding Compassion, Inc., and the accreditation of the elementary school conducted by Compassion. He stated that there is no accred- itation procedure for such institutions in the State of Minnesota. The impor- tant issue is whether this is an appropriate use of the land Compassion owns. A traffic study Compassion conducted showing that the church and school do constitute a significant traffic nuisance to the area. Immediate neighbors were contacted and none expressed complaints. Mrs. George Mitchell, 7970 Sunnyside Road, asked what the hours of the elementary school arc. Mr. Dair responded 8:30 a.m. to 2:30 p.m. Mr. Donald Forslund, 7886 Sunnyside Road, asked whether the City had reviewed the report of the Mounds View School District on recognition of Compassion's elementary school. Mayor Johnson read a letter from S. C. Witter, Superintendent of Mounds View School District. December 16, 1974 Mr. Ralph Schmelzer Compassion, Incorporated 7901 Red Oak Drive N. E. Minneapolis, Minnesota 55432 Dear Mr. Schmelzer: Page 3 January 13, 1975 I have received from Dr. Christenson your letter indicating that your school has two certificated teachers, yourself, file No. 902264 E26053; and Carole Schmelzer, certificate file No. 169976. We have also received a listing of those students in attendance and an outline of the curri- culum for grades 1 8. According to the regulations of the Department of Education Admini- stration Manual as interpreted by State Department officials, we do hereby recognize the Compassion Christian School as a recognized school operating within the boundaries of the Mounds View School District. I am sending a copy of this letter to Commissioner Casmey's office, the Mounds View Board Chairman, Dr. George Christenson, and the City Manager for Mounds View. We are happy to have your school operating in the school district, and hope that you will feel frr:a to call upon us for any assistance we may be able to give you, and will be nappy to cooperate with you on the education of the children that you have enrolled i.i the school. Sincerely, S. C. Witter Superintendent Mayor Johnson asked what permanent requirements would be necessary with the issuance of a special use permit as requested by Compassion. Chief Fager- strom stated that the church indicated they will install the necessary detection and prevention systems and that the exact nature of these will be determined when the council established the parameters of the permit. Mr. D. Forslund, 7886 Sunnyside Road, inquired about parking overnight at Compassion. Mr. Dair stated two young men live there and serve as night watchmen. Rev. Bauman stated that no more than two live there. They do not operate a halfway house for drug addits. Mr. Forslund noted that par on Hilly -ew Road is sometimes a nuisance. Rev. Bauman agreed and stated that the church is trying to educate the con- gregation to use instead the plentiful off street parking owned by Compassion. He suggested no parking signs be installed on this street. Mayor Johnson read the November 20, 1974 Planning Commission minutes which dealt with the Compassion permit request. He asked Fire Chief Fagerstron. to indicate how Compassion has complied with the fire code. Chief Fager- strom reported that all temporary fire prevention and detection requi_ements have been met. Page 4 January 13, 1975 Councilman Hodges asked about the church's printing operation. Chief Fagerstrom stated the room is now being used for storage. Councilman Hodges asked what the church's plan was for printing. Rev. Bauman stated they are looking for alternative facilities to conduct the operation. He inquired what the timetable would be for meeting permanent fire detection and prevention requirements. Chief Fagerstrom stated he will meet with Compassion immediately upon issuance of the permit to set a timetable. Temporary provisions will be maintained until permanent systems are installed. Rev. Bauman asked Chief Fagerstrom for a letter confirming this. Councilman Pickax asked if the church could afford these permanent fire detection and prevention systems. Chief Fagerstrom commented that it could be costly in the $3,000 range. Rev. Bauman stated they paid cash for the building, and he has full faith the church will be able to meet these requirements. Mayor Johnson noted that the Planning Commission had made several amend- ments to its motion recommending approval of the permit and that Council should be sure to incorporate these in the permit. Steve Thompson, 7190 Silver Lake Road, asked if the fire detection system was really necessary. Chief Fagerstrom answered that these are state fire code requirements for the protection of children and that they apply to all schools. Mrs. Forslund suggested that Compassion should provide playground facilities for its students and noted that they use Hillview Park. Mr. Dair stated that the church had discussed this subject with Dr. Christiansen of the Mounds View School District and that a special play- ground is not required unless there is a danger to the children or a nuisance in the current practice of walking students to Hillview. He noted that one of the reasons Abiding Savior moved was that it could not acquire any adja- cent land and that he syspected Compassion would also have difficulty acquiring such land. Mayor Johnson asked for residents' comments on the special use permit request. Mrs. George Mitchell, whose land adjoins Compassion said she sees no cause for complaint and that the church is a good neighbor and does a service for the community. Mrs. Forslund approved issuance of the permit if the church complies with all codes and ceases their printing operation. She asked whether the permit would have to be reviewed periodically. Mayor Johnson responded that it would be a permanent permit. There were no other comments for or against. Councilman Pickar felt that the permit should be issued with the conditions set forth in the Planning Commission recommendation. Councilman Baumgartner suggested every effort be made to get the congre- gation to use off street parking and that possibly parking on the south side of Hillview should be prohibited. Page 5 January 13, 1975 Councilman Hodges noted that he had visited the church and observed that the printing operation had been discontinued and a temporary fire detetction system provided. He saw no reason not to approve the request. Mayor Johnson asked the attorney to recommend conditions that should be specified in the permit. Attorney Meyers stated that the permit could address a number of conditions: the two uses (church elementary school), the maximum number of students allowable in this structure, hours of the school, parking provisions, allow- able signs fire detection and prevention, printing operation, maintenance of the triang lar parking lot, overnight lodging, playground facilities, and the non conforming nature of the use which would prevent expansion cr rebuild- ing in case of fire or disaster. Councilman Baumgartner asked the attorney to prepare conditions and send them to Council for consideration at the next agenda meeting. Mrs. Haake suggested the Council consider the deliberations of the Planning Commission which also addressed the question of how many students the Compassion facility could safely accommodate. Mr. Dair stated that the number of students is still 60, and that the number 75 was only mentioned as possibly a reasonable limit. Chief Fagerstrom said that the fire exits would auto- matically determine the maximum number of students the facility could handle. Mayor Johnson said that apparently the Council will approve the special use permit and that the immediate concern is the extent of the conditions to be set forth in the permit. Councilman Pickar suggested temporary approval be granted until details are settled. Mr. Chandler stated the church already has been delayed several months and suffered considerable legal expense, and that he objects to this further delay. D'arcy Bosell, 2601 Ridge Lane, said the City has been tolerant in allowing the church to continue to operate although it is in violation of the city code. Mr. Chandler asserted that the church is not in violation; that it operates legally as a non conforming use that existed prior to adoption of the City's zoning ordinance. Mayor Johnson said there appears to be no question whether to issue permit but the details of it. Councilman Hodges suggested the permit allow the church flexibility to conduct printing operations that are normally required in a school. Mayor Johnson asked Chief Fagerstrom what maximum total occupancy should be required at the Compassion facility. Chief Fagerstrom answered that he would need to investigate the premises to determine this. Councilman Baumgartner stated that the hours of school operation have not been a problem. Mayor Johnson suggested the church school be limited to normal hours. Councilman Hodges stated that overnight occupancy of the building should be limited to ::he two regular watchmen and occasional visitor. Chief Fagerstrom stated that possibly an overnight occupancy of the second story had been discontinued. He recommended against overnight occupancy of the bedroom off the class root:. Mayor Johnson said it should be limited to the two who serve as watchmen, and the parking on Hillview Road should be regu- lated. Councilman Baumgartner suggested the police chief investigate the parking problem and make a recommendation. Page 6 January 13, 1975 Mayor Johnson asked about signs at the church. Rev. Bauman said there is one sign on the church lawn and one on the parking triangle. These are satisfactory. Rev. Bauman would like all freedom possible for printing but stated the church will abide by Council's stipulations limiting it. He would like to at least use one multilith for routine printing. Mayor Johnson felt a commercial printing operations and school were incompatible uses of the structure. Chief Fagerstrom said the city could prohibit the commercial printing operation and allow minor printing of materials not to be sold. Mayor Johnson said printing could be restricted to only that used on the premises. Mr. Chandler said this would prohibit mailing flyers to congregation members, and he also objected that the term, "normal hours with regard to the school is vague. Mrs. Hackett, 7876 Sunnyside Road, stated she is within 250 feet of the church and had not been contacted. Mayor Johnson stated that the staff had been directed to send notices to all property owners within 250 feet of Compassion. Mr. Chandler felt the stipulations being considered by the Council are far in excess of those required of similar institutions in Mounds View. Mayor Johnson commented regarding playground facilities and said proper care of students is required when they travel to and from Hillview Park. Rev. Bauman said the teachers exercise great care in this. Mayor Johnson recommended the special use permit include the stipulations of the Planning Commission regarding use and maintenance. MSP Pickar- Hodges) To continue to allow Compassion to operate until approval of the special use permit including the conditions discussed. These are to be prepared by the city attorney for the next agenda session. MSP (Hodges- Baumgartner) To adjourn at 9:59 p.m. A short recess was called. ROLL CALL Pickar Aye Baumgartner Aye Hodges Aye Johnson Aye Mayor Johnson called the regular meeting back to order at 10:04 p.m. Next order of business was to fill the vacant Council seat. Mayor Johnson asked Councilmen to select their four top choices and asked the administrator to keep a tally. Councilmen discussed their choices and the administrator reported that Barbara Haake, Robert Shelquist, Charles LaVaque, and Michael Lonergan were the four top choices. Mayor Johnson asked the Councilmen to then select their two top choices from these four and asked the administrator to keep a tally. The Council discussed their choices and the administrator reported that Barbara Haake and Robert Shelquist were the top two choices. 4 Ayes Page 7 January 13, 1975 Mayor Johnson said he wished there were two vacancies to fill and hoped the loser did not feel slighted and would continue to give his or her energies to the community. Councilman Pickar said Mrs. Haake has had considerable experience and Mr. Shelquist brings new ideas to the community. This is a difficult decision. Councilman Baumgartner agreed that the two candidates are so close it is difficult to choose. In the past criticism has been voiced in Mounds View for not having adequate Council representation north of Highway #10. Thus he favored Mr. Shelquist. Councilman Hodges stated he gave Mrs. Haake the edge over Mr. Shelquist because of her experience. Mayor Johnson stated that both candidates were so close that minute points affect the decision because both candidates are equal on the major ones. He stated it is important to balance representation on the Council and that he thus favored Mr. Shelquist. Councilman Pickar said his final preference is Mrs. Haake and asked the attorney whether the mayor makes the appointment in case of a tie. Attorney Meyers responded in the affirmative. MS (Pickar- Hodges) To appoint Mrs. Haake to fill the vacant Council seat. ROLL CALL Pickar Aye Baumgartner Naye Hodges Aye Johnson Naye Motion failed because of a tie. Mayor Johnson appointed Robert Shelquist to fill the unexpired Council term of Gerald Johnson. Attorney Meyers for the record cited the ruling authority, Minnesota Statues 412.92, subdivision 2. Mayor Johnson gave the oath of office to Mr. Shelquist. Mayor Johnson announced appointment to the commissions effective January 1975. Acting Mayor Planning Commission Police Civil Service Lakeside Park Park F, Playground Health Officer Council representative to Park Playground Planning Commission Ramsey County League Lakeside Park Donald Hodges Robert Rossman, Robert Glazer Richard Paradise Michael Daily Kip Lundquist, Wayne Weflen Herbert Strait, M.D. Roger Baumgartner Robert Shelquist Gerald Johnsen John Pickar Mayor Johnson announced that he would make furthor appointments at a later date. M3P (Johnson- Hodges) To approve these appointments. thru 1977 thru 1977 thru 1977 thru 1977 5 Ayes Page 8 January 13, 1975 MSP (Johnson Pickar) To authorize Mayor Johnson, Councilman Hodges, Coun- cilman Baumgartner, and Administrator Achen to sign the city checking accounts. Mayor Johnson read the 1974 annual police report. Mayor Johnson stated that there is an opening on the planning commission now and that resumes of interested applicants should be solicited. Councilman Baumgartner said that anyone who has previously submitted a resume should submit another resume if they are interested in the planning commission vacancy. Councilman Johnson requested the New Brighton Bulletin make note of this vacancy in their paper. Councilman Baumgartner said it should be in the January 16 and 23 issues. The deadline for applications should be January 27, interviews February 3, and the appointment made February 10, 1975. Mayor Johnson directed the administrator to publicize the vacancy and schedule for filling it. He also said he plans to announce at each Council meeting the pertinent upcoming public meetings. He asked the administrator to send items regarding activities of Mounds View city government for publication in the Minnesota Municipalities magazine. He announced the annual city appreciation dinner will be on February 22, 1975. Administrator Achen's Report Administrator Achen noted that the staff had received an inquiry about licensing amusement devices in Mounds View. Councilman Baumgartner suggested the administrator investigate what would be necessary to regulate such devices. Administrator Achen reported that the city employees' health insurance carrier, Connecticut General, has raised i,:s family coverage rates approxi- mately nine dollars per month. He stated the staff plans to investigate alternative sources of health insurance. The State Highway Department agreement on the construction of traffic signals at Highway #10 and County Road H2 and at Highway #10 and County Road I were submitted for Council approval. Mayor Johnson stated that there is no immediate deadline for Council approval, so he directed the city engineer examine the agreement to be sure it in no way jeopardizes the availability of MSA funds to ray the city's share of construction costs. 5 Ayes MSP (Baumgartner_Hodges) To authorize the Mayor and Clerk to execute this agreement subject to approval of the agreement by the engineer and attorney. 5 Ayes Page 9 January 13, 1975 Administrator Achen read the summary of bids for this agreement on install- ation of a sprinkler system in the city hall basement. Northstar Fire Protection Co. Viking Automatic Sprinkler Co. Grinnell Company, Inc. Sunrise Fire Protection Co. United Sprinkler Axel Newman Heating Plumbing Co. Industrial Sprinkler Corp. $8,400.00 5,820.00 7,215.00 6,400.00 2,710.00 7,400.00 5,386.00 Architect Ken Walijarvi stated he had estimated $100 per sprinkler head for the work but the bids came in at about $180 per head. He stated that apparently this system is so small that the unit cost is higher than normal. He said it is possible to rebid the work. This would mean that all bidders would know what price they must beat. Architects and engineer:, don't like to do this but may on occasion. Glen Gausman, the architect's consulting engineer, said bidders may shy away when such a practice is followed. Mr. Walijarvi recommended accepting Gausman's recommendation to accept the low bid. Mayor Johnson said the Council may hold the architect responsible for this extra cost because it was left off the original plans although required by state building code. He asked whether this would change the architects' recommendation. Mr. Walijarvi said he does not think the bids will go much lower but some money may be saved by rebidding. Attorney Meyers stated the bids could be rejected by the Council and rebids requested. This has been successfully done in the past although bidders don't like it. The only alternative is to accept these bids. Councilman Baumgartner favored rebidding if this would save the city money. Mr. Walijarvi said only extra cost the city would incure by rebidding would be the cost of rcadvertising about fifty dollars. Councilman Hodges asked whether this would affect construction progress? Mr. Walijarvi said if the sprinkler system is installed too late and the basement has been finished, it would have to be refinished after the sprinklers are installed. Mayor Johnson asked Mr. Walijarvi now what he recommends. Mr Walijarvi said theo work should probably be rebid. He noted the wide spread between the high and low bidder and that this might be reduced by rebidding. MSP (Baumgartner- Hodges) To reject all bids received and ordering that requests for bids be republished and setting another bid opening for 2:00 p.m., February 7, 1975. 5 Ayes The Administrator reported that the staff sought approval for the purchase of a used reel -type mower available from the City of Brooklyn Center. The mower cuts about a 72 inch swath but can handle tight spots as well. It is a 1972 model and comparable new equipment would cost about $1800. It is available for $375. Page 10 January 13, 1975 MSP (Baumgartner Shelquist) To purchase the mower for $375 and that the expenditure be made from the general fund contingency. MSP (Johnson- Hodges) To amend the motion by making the expenditure from the water fund capital account with the understanding that it will serve to mow well house lawns as well as park land. Councilman Shelquist asked if the terrain in city parks varies so much that a flail mower cannot do a good job. Councilman Baumgartner stated that several parks have irregular terrain. Mayor Johnson stated the council should discuss at the next agenda session MTC's request that the city install bus signs in Mounds View. Attorney Meyers suggested the council request the MTC attorney to give an opinion on whether such expenditures are legal for a municipality. Mayor Johnson directed the administrator to make such a request. Councilman Hodges noted that Mounds View's former justice of the peace C. G. Verner Carlson died recently. He stated that Mr. Carlson had served Mounds View well and that the Council should send flowers. Councilman Baumgartner read the Planning Commission minutes of January 8, 1975, regarding the request of Paster Enterprises to include a Bridgeman's restau- rant in the Mounds View Square Shopping Center. Mr. Paster commented on proposal stating that there will be adequate parking for the restaurant. MSP(Baumgartner Hodges) To approve the Bridgeman satellite building subject to the following conditions: the Bridgeman's sign will be version A (11/6/74 plans) with 163 square feet (14' X 9'li ");berms and planting are to be incorp- orated in the site to camouflage the refuse area; berms and plantings are to be placed along County Road I and Long Lake Road to screen the Center. 5 Ayes Administrator Achen noted that before a building permit can be issued complete mechanical and electrical plans must be submitted. Mayor Johnson said that the city should require final grade and landscape plans in projects such as this. Mr. Paster stated the building inspector does have landscape plans for the Center. Councilman Baumgartner said it is the intent of the Planning Commission to require an overall shopping center landscape plan. Mayor Johnson said we should have this before the building permit is issued. Councilman Shelquist stated that the Planning Commission has been concerned that adquate landscape berms be provided. Councilman Baumgartner read the Planning Commission minutes regarding the request of Dennis Erickson for a variance. No council action is required. Councilman Pickar reported on the Lakeside Park Commission meeting. He requested the council approve an increase in the size of the Commission to nine members pending formal passage of an amendment to Chapter 50 of the city code. 5 Ayes 5 Ayes Page 11 January 13, 1975 MSP (Pickar- Hodges) To approve in principle the enlargement of the Lakeside Park Commission to nine members and directing the administrator to prepare an ordinance implementing this Attorney Meyers' Report Attorney Meyers informed the council that the acq:..isition of easements for Project 1973 -4 is progressing, but that the property of Otis Newton has caused some problem. The back of his home will be only 27 feet from the new street. The owner will probably suffer damages unless the city reaches an agreement with him. The attorney suggested the council grant Mr. Newton a non conforming use and an ozreement that if his home is destroyed he may rebuild it. Attorney Meyers presented the deed transferring the 40 foot subdivision of Mr. Bruce Lawson to Mr. Dale Solbreken. He stated it appears to conform to the requirements of the council. Engineer Bearden's Report Engineer Bearden presented for council approval two agreements with the Minnesota Highway Department regarding MSA construction and funds. MSP (Baumgartner Pickar) To authorize the mayor and clerk to execute an agreemnt with the State highway department for technical and engineering assistance and a Minnesota Department of Highways Agency contract. MSP (Pickar Hodges) To adjourn at 12:39 p.m. Respectfully submittee., Mark Achen Clerk- Administrator 5 Ayes S Ayes